PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NOS. CA 11-00026 AND CA 11-00964

IN THE MATTER OF THE APPLICATION OF PRISCILLA B. DUNCAN, FOR THE REMOVAL OF A TRUSTEE IN THE ESTATE OF JOHN E. DUNCAN, DECEASED. PRISCILLA B. DUNCAN, APPELLANT, PEGGY ANN ROOT, VIRGINIA N. HOFFMAN, PAMELA MCNEIL, ROCCO LUCENTE, II, ESQ., AS GUARDIAN AD LITEM FOR PRISCILLA DUNCAN, AND JAMES DUNCAN, RESPONDENTS.

Appellant having moved to consolidate and to extend the time to perfect the appeals from the orders of the Erie County Surrogate's Court entered in the Office of the Clerk of said court on October 4, 2010, and April 13, 2011,

Now, upon reading and filing the affidavit of Jennifer G. Flannery, Esq. sworn to May 5, 2011, the notice of motion with proof of service thereof, and the affidavit of Paul J. Smaldone, Esq. sworn to May 23, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is granted and the appeals from orders entered October 4, 2010, and April 13, 2011, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal from the order entered October 4, 2010, is granted to the extent that the ordering paragraph of the order of this Court entered April 28, 2011, is hereby amended by deleting the date June 3, 2011, and inserting in its place the date August 8, 2011, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal from the order entered April 13, 2011, is dismissed a premature (see 22 NYCRR 1000.13 [f]).

Memorandum: No further extensions of time to perfect the appeal from the order entered October 4, 2010 will be granted.

Entered: June 8, 2011

Patricia L. Morgan, Clerk